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Corner Post v. Federal Reserve: Addressing challenges faced by regulated entities in agency regulation

WASHINGTON, D.C. (July 1, 2024) – NFIB’s Support for U.S. Supreme Court Decision:
NFIB supports the recent U.S. Supreme Court decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. This case brought into question the timeframe within which regulated entities can challenge an agency rule under the Administrative Procedure Act (APA).

NFIB’s Stance on Small Business Rights:
"Small business owners deserve the right to challenge government regulations, and we are pleased with the Supreme Court’s ruling," stated Beth Milito, Executive Director of NFIB’s Small Business legal Center. She emphasized that unreasonable government regulations are a significant concern for small business owners. Today’s decision allows owners to challenge such regulations effectively. NFIB commends the Court for overturning the Eighth Circuit’s judgment and reestablishing a fair approach.

NFIB’s Involvement and legal Arguments:
NFIB filed an amicus brief in collaboration with the Restaurant Law Center, the Buckeye Institute, and the Manhattan Institute. The brief presented the argument that the publication of a final agency rule does not harm non-existing entities. Additionally, it highlighted that newly-formed entities only face injury from an agency’s final rule once they are operational and affected by the regulation. The Court concurred with this perspective, emphasizing the distinction between the injury and finality prerequisites for suing under the APA.

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NFIB’s Commitment to Small Business Rights:
The NFIB Small Business legal Center continues to champion the rights of small business owners in various court proceedings across the nation. Engaged in over 40 cases in federal and state courts, including the U.S. Supreme Court, NFIB remains dedicated to safeguarding the interests of small businesses and ensuring a fair and just legal environment for their operations.

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